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i <br /> 1. Grant of Conservation Easement. City does hereby freely grant to the State of <br /> Oregon acting by and through OWEB as holder, its successors and assigns, forever, a <br /> nonpossessory conservation easement to the Property including the following covenants, <br /> conditions and restrictions. <br /> 2. Restrictions on Use of the Property. The uses of the Property are limited to those <br /> described in Grantee's grant application and those consistent with wetland restoration and <br /> j protection, wetlands education, and those uses listed in section 4b of Article XV of the <br /> Oregon Constitution. <br /> i <br /> 3. Ri t ~of Entry and Ins eU ction. OWEB has the right, in a reasonable manner and <br /> at reasonable times, to enter and inspect the Property to determine compliance with this <br /> conservation easement. <br /> 4. Duration; Burdens and Benefits. The covenants and restrictions of this <br /> conservation easement are binding on City and its successors and assigns, and shall run <br /> with the Property in perpetuity. The benefits of this conservation easement are in gross <br /> <br /> ~ and are assignable, but only to an eligible holder specified in ORS 271.725(1). <br /> 5. Right of Enforcement. City and OWEB agree that there is no adequate remedy at <br /> law for enforcement of the use restrictions set forth in section 2 of this conservation <br /> easement, and that OWEB shall be entitled to specific performance of such restrictions. <br /> Maint~e-9rRepal~', ~~ae <br /> n_oo-o~ <br /> s_~pA <br /> ce~Si~1~n f ~A-A~ligat~^on <br /> or liability for maintenance or repair of the Properly, or for the payment of any real estate <br /> taxes or assessments levied on the Property. - - <br /> 8. Risk Management; Indemnification. City and OWEB acknowledge that each is - <br /> insured with respect to tort liability by the State of Oregon Insurance Fund, a statutory <br /> system ofself-insurance established by ORS chapter 278 and subject to the Oregon Tort <br /> Claims Act (ORS 30.260 to 30.300). Each party agrees to accept that coverage as <br /> adequate insurance of the other party with respect to personal injury and property <br /> damage. _City and OWEB each shall be responsible for any negligent acts or omissions-of - <br /> its own employees or agents under this conservation easement. <br /> 9. Assi~mnent or Disposal. City may not assign or transfer its rights or delegate <br /> its responsibilities under this conservation easement or sell, lease, exchange or otherwise <br /> dispose of the Property without prior written approval from OWEB, which approval shall <br /> not be unreasonably withheld. <br /> 10. Severability. In the event any provision of this conservation easement is <br /> determined by a court to be void and unenforceable, all other terms of this conservation <br /> easement shall remain valid and binding. <br /> Page 2 of 3 Conservation Easement <br /> <br />